Section 165: Transitional provisions

165. Transitional provisions (1) Any deposit made or security furnished under the Gaming Act or the Horse Racing Board Act in force immediately before 10 September 2007 shall remain valid for the period specified in the licence and shall be refunded or realised after the procedures referred to in section 103 of this Act have been followed. (2) — (3) Subject to subsection (6), every person in the employment of the Horse Racing Board immediately before the date of the coming into operation of this Act shall, as from that date, be entitled to be transferred to the Authority on terms and conditions no less favourable than those that applied to his office under the repealed Horse Racing Board Act. (4) Subject to subsection (6), every person in the employment of the Committee appointed under section 32 of the Gaming Act immediately before the commencement of this Act shall, as from that date, be entitled to be transferred to the Lottery Committee on terms and conditions no less favourable than those that applied to his employment by the Committee appointed under section 32 of the repealed Gaming Act. (5) The period of service with the Horse Racing Board or the Committee appointed under section 32 of the Gaming Act of every person exercising his right to be transferred to the Authority under subsection (3) and to the Lottery Committee under subsection (4) shall be deemed to be an unbroken period of service with the Authority or Lottery Committee, as the case may be. (6) No person on the staff of the Horse Racing Board or the Committee appointed under section 32 of the Gaming Act shall, on account of his transfer under subsection (3) or (4) or any resulting change in his job title following his transfer to the Authority or the Lottery Committee, be entitled to claim that his contract of service has been terminated in breach of any enactment. (7) The Minister may, in writing, direct that any funds and any interest of the Horse Racing Board under the repealed Horse Racing Board Act in any movable or immovable property shall, on such date as he may determine, vest in the Authority, and the Authority shall, on that date, acquire a valid title in the interest, notwithstanding any other enactment. (8) Notwithstanding any other enactment or anything contained in any contract or agreement, any right or obligation existing in favour of or against the Horse Racing Board or the Committee appointed under section 32 of the Gaming Act before the commencement of this Act, shall, on the commencement of this Act, be a right or obligation enforceable in favour of or against the Authority or the Lottery Committee, as the case may be. (9) All proceedings, judicial or otherwise, commenced before and pending immediately before the commencement of this Act by or against the Commissioner for Value Added Tax, the Gaming Control Board, the Horse Racing Board or the Committee appointed under section 32 of the Gaming Act shall be deemed to have been commenced, and may be continued, by or against the Director-General, the Authority or the Lottery Committee, as the case may be, under this Act. [Issue 9] G2 – 78 Revised Laws of Mauritius (10) Nothing in this Act shall affect the validity of an AWP machine licence issued after 1 January 2011. (11) An AWP machine licence referred to in subsection (10) shall remain valid up to such date as is specified in the licence, or 31 December 2012, whichever is earlier. continued on page G2 – 79 G2 – 78 (1) [Issue 9] and may be continued, by or against the Director-General, the Authority or the Lottery Committee, as the case may be, under this Act. [Issue 9] G2 – 78 Revised Laws of Mauritius (10) Nothing in this Act shall affect the validity of an AWP machine licence issued after 1 January 2011. (11) An AWP machine licence referred to in subsection (10) shall remain valid up to such date as is specified in the licence, or 31 December 2012, whichever is earlier. continued on page G2 – 79 G2 – 78 (1) [Issue 9] Revised Laws of Mauritius (12) No AWP machine licence shall be renewed or extended beyond the period specified in subsection (11). (13) Where any duty and tax outstanding as at 31 December 2012 is paid by a person on or before 30 November 2013, any penalty included therein shall be reduced— (a) by 100 per cent, where the penalty is charged under section 32 (5) (a) of the repealed Horse Racing Board Act or sections 11 (6) (a) and 20 (4) (a) of the repealed Gaming Act; or (b) by 75 per cent, where the penalty is charged under section 32 (5) (b) of the repealed Horse Racing Board Act, sections 11 (6) (b) and 20 (4) (b) of the repealed Gaming Act or under section 125, provided that an application for the reduction is made to the Director-General on or before 30 September 2013. (Subsec. (13) came into operation on 1 January 2012.) (14) For the purpose of subsection (13), any duty and tax outstanding shall relate to any amount due and payable under an assessment issued or a return submitted on or before 30 June 2006. (Subsec. (14) came into operation on 1 January 2012.) (15) (a) Any person may apply to the Director-General on or before 30 September 2013 for a reduction under subsection (13) in respect of tax due under an assessment pending under objection or which is pending before the Assessment Review Committee, Supreme Court or Judicial Committee of the Privy Council. (b) The Director-General shall grant the reduction pursuant to an application made under paragraph (a), where the applicant has withdrawn his objection, representation or appeal, as the case may be. (Subsec. (15) came into operation on 1 January 2012.) (16) Subsections (13) to (15) shall not apply to any person— (a) who has been convicted on or after 1 July 2001 of an offence relating to; (b) against whom any civil or criminal proceedings are pending or contemplated in relation to an act of; or (c) in relation to whom an enquiry is being conducted into an act of, trafficking of dangerous drugs, arms trafficking, or an offence related to terrorism under the Prevention of Terrorism Act, money laundering under the Financial Intelligence and Anti-Money Laundering Act or corruption under the Prevention of Corruption Act. (Subsec. (16) came into operation on 1 January 2012.) [S. 165 amended by s. 7 (j) of Act 37 of 2011 w.e.f. 15 December 2011; 1 January 2012; s. 10 (u) of Act 26 of 2012 w.e.f. 22 December 2012.] (S. 165 came into operation on 6 December 2007.) G2 – 79 [Issue 7] Gambling Regulatory Authority Act 166. – 168. — FIRST SCHEDULE [Sections 2, 18 and 24] PART I CASINO GAMES Blackjack Chemin de fer Live Roulette Mini-chemy Oasis Stud Punto Banco PART II GAMING HOUSE “A” GAMES 10½ Big and small Big Wheel Bingo Crabs Chinese dominoes (boeuf) Over/Under 7 Poker Premier Roi Quatre Quatre Sap Si Waye Sic Bo Tai Sai Vanlak [Issue 7] G2 – 80 Revised Laws of Mauritius PART III GAMING HOUSE “B” GAMES Mah-jong Rummy [First Sch. amended by s. 8 (k) of Act 26 of 2013 w.e.f. 21 December 2013.] SECOND SCHEDULE [Section 15 (1)] PART I DECLARATION OF ASSETS I, ................................................................................................................... , *being an applicant for the post of Chief Executive in the Gambling Regulatory Authority/the Chief Executive of the Gambling Regulatory Authority, make oath/solemnly affirm that—